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34                                SKIPPING PRACTICE

arising from unseaworthiness unless caused by lack of due
diligence or by the failure of the carrier to carry out the
provisions of para, i of Article 3.

When such loss occurs the burden of proving exercise of
due diligence is on the carrier or person claiming exemption
under this paragraph. Prior to the passing of the Act, it was
the reverse, when the onus of proof was on the person
making the claim.

Para. 2 states that neither the carrier nor the ship shall
be responsible for loss or damage fromó

(a)  ACT, NEGLECT, DEFAULT, OF THE MASTER, MARINER,
PILOT, OR SERVANTS OF THE CARRIER IN THE NAVIGATION
OR MANAGEMENT OF THE SHIP.

This includes all causes not covered by Article 2 and
Article 3, para. I, and it should be remembered that the
management of the ship includes shore staff as well as
the personnel on board, A ship is often managed or mis-
managed by those in charge on land.

(b)  FIRE, UNLESS CAUSED BY THE PRIVITY OR FAULT OF

THE CARRIER.

Fire is always an excepted peril of common and public
carriers,

(c)   PERILS, DANGERS, AND ACCIDENTS OF THE SEA OR

OTHER NAVIGABLE WATERS.

This covers the extraordinary action of wind and waves,
which cause damage to a ship. A ship, however, must be
built to withstand the ordinary action of these elements,
and it must be some happening out of the ordinary, and
peculiar to the sea, to be included under this heading.

(df) ACT OF GOB.

Any action that may cause damage which could not have
been prevented had any amount of care and human fore-
thought been used beforehand; something beyond human
control.

{*) ACT OF WAR-

Includes wars of all nations irrespective of the nationality
of ship.

(/)  ACT OF PUBLIC ENEMIES.